DEAN TREVIL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-10-01
No. 3D07-1405
Before SHEPHERD, CORTIÑAS, and SALTER, JJ.
992 So. 2d 346 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Because we find that appellant did not apprise the trial court of the potential discovery violation in a timely manner, we affirm. See Cuciak v. State, 410 So. 2d 916, 918 (Fla.1982) (“The probationer has the burden of bringing the violation to the court’s attention in a timely manner.”).

Affirmed.


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  • Clark v. Clark, 35 So. 3d 989 (Fla. 5th DCA 2010)
    …fication order should be reversed if the noncustodial parent fails to allege the occurrence of a substantial and material change of circumstances, and the trial court fails to make a finding to that effect.”). Id. at 195; see also Miller v. Miller, 992 So. 2d 346, 348 (Fla. 3d DCA 2008) (“We review the instant custody modification determination de novo and reverse because the Father neither pled nor proved ‘that the circumstances have substantially, materially changed since the original custody determination…
  • Ines Orta v. Suarez, 66 So. 3d 988 (Fla. 3d DCA 2011)
    …previously lived, are inherent in every relocation, and again exactly the type of consideration that section 61.13001(7), expressly directs should not be determinative in considering a contested motion for relocation.6 See Miller v. [*1002] Miller, 992 So. 2d 346, 349 (Fla. 3d DCA 2008) (rejecting the trial courts reliance as a basis for denial of relocation on the stress and disruption to the child caused by the divorce and long-distance separation). In sum, the trial court’s findings of fact addressing bo…
  • Fosshage v. Fosshage, 167 So. 3d 525 (Fla. 3d DCA 2015)
    …oved the report and recommendation, and Ms. Burt appealed. There is a clear distinction between modification based on changed circumstances under section 61.13(3) and relocation under section 61.13001 of the Florida Statutes. See Miller v. Miller, 992 So. 2d 346 (Fla. 3d DCA 2008). Section 61.13(3), Florida Statutes (2013) provides, “A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated cha…

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